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1. Acceptance of Terms of Use
Please review the following terms and conditions carefully. This Agreement
is a legally binding contract between you ("You" or "Your") and Capital
Institutional Services, Inc. ("CAPIS," "We" or "Us") regarding Your access
to and use of our web site (the "Site"). By accessing the Site, You agree
to the terms and conditions as outlined in this legal notice. CAPIS reserves
the right to change these terms and conditions from time to time at its sole
discretion. Your use of the Site following any such change constitutes Your
agreement to follow and be bound by the terms as changed.
2. Third Party Content
The Site includes information from a variety of sources, including third parties,
regarding third party's products and services (the "Content"). CAPIS does not
control such third party Content or the provider of such Content, nor does
CAPIS benefit from the provision of such Content by third parties. Accordingly,
CAPIS does not make any representations, endorsements or warranties whatsoever
regarding the advice, goods and/or services of such third parties. For more
complete information on any information, product or service listed on the Site,
please contact the provider of the information. In accordance with the Securities
and Exchange Commission regulations, overseas investors may contact the firm or
the third parties listed on the Site for more information about the products and
services available to them.
CAPIS RECOMMENDS THAT YOU SEEK THE ADVICE OF PROFESSIONALS,
AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION,
ADVICE, OR OTHER CONTENT, AND ANY ACTION BY YOU BASED IN WHOLE OR IN PART ON SAME.
3. Registration
Some areas of the Site require registration for use. In those instances, We require
that You register with Us on the registration page. You must complete the registration
process by providing Us with current, complete and accurate information as prompted
by the registration form. You further agree to maintain and promptly update any
registration information in order to keep it true, accurate, current and complete.
4. Password and Security
Upon registration for Your account, You will choose a user identification name
(i.e., Your email address) and a password. You are solely responsible for
maintaining the confidentiality of Your password and user id. Furthermore,
You understand and agree that the account is Yours, individually, and that
You are solely responsible for any and all activities that occur under Your
account. You agree to (a) immediately notify CIS of any unauthorized use of
Your password, account or any other breach of security; and (b) ensure that
You completely exit from Your session at the Site.
5. Your Conduct
You agree not to upload, email or otherwise transmit to the Site, any content
or other material in any format that (a) infringes any other third party's
intellectual property; (b) contains viruses, worms, Trojan horses, corrupted
files, or any other similar software or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware;
(c) alter, remove, or falsify any attributions or other proprietary
designations of origin or source of any other content appearing on
the Site or contained in a file that is uploaded to the Site; or (d) attempt,
through any means, to gain unauthorized access to the Site, or another
user's account on the Site.
The use of any device, software or routine that interferes or attempts to
interfere with the proper working of the Site is expressly prohibited. You
may not disclose or share Your password to any third parties or use Your
password for any unauthorized purpose. In any case, You remain solely
responsible for any authorized or unauthorized use of Your password.
6. Proprietary Rights Restrictions
All material on the Site including without limitation all informational text,
photographs, graphics, audio, video, messages, files, documents, images or
other materials (collectively, the "Materials"), whether publicly posted or
privately transmitted, as well as all derivative works, is owned by CAPIS
or other parties that have licensed their material to CAPIS and is protected
by copyright, trademark and other intellectual property laws. CAPIS disclaims
any proprietary interest in trademarks, service marks, logos, slogans, domain
names and trade names other than its own. Trademarks, logos, images and
service marks displayed on the Site are the property of either CAPIS or
other third parties. You agree not to display or use such marks without
the firm's prior written permission.
The Materials on the Site may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, including by e-mail or other
electronic means. Without the prior written consent of CAPIS, any modification
of the Materials, use of the Materials on any web site or networked computer
environment, or use of the Materials for any purpose other than personal,
non-commercial use is a violation of the copyright, trademark, and other
proprietary rights in the Materials and is expressly prohibited.
7. Links to other Web Sites
If any link is offered connecting You to a third party web site, it is as
an accommodation to the respective third party site owner and without
charge. Sites linked to and from this Site are not necessarily under
the control of the firm and We shall have no responsibilities or
liabilities whatsoever for the content or privacy practices of any
such linked site or any link or linking program at any time. CAPIS
does not necessarily endorse companies (or related products or services)
to or from which the Site is linked. If You decide to access any of the
third party sites linked to this Site, You do so entirely at Your own risk.
8. Disclaimer of Warranties
OUR SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE
FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE
INTERNET. FURTHER, CIS DISCLAIMS ANY TYPE OF RELATIONSHIP WITH CONTENT
PROVIDERS INCLUDING BUT NOT LIMITED TO, PRINCIPAL/AGENT, MASTER/SERVANT,
PARTNERSHIP, JOINT VENTURE, OR JOINT ENTERPRISE. CIS DOES NOT EXERCISE
CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE. ADDITIONALLY,
THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR
CIRCUMSTANCES BEYOND OUR CONTROL.
9. Limitation of Liability
CAPIS AND ITS LICENSORS, CONTENT AND SERVICE PROVIDERS SHALL NOT LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE
LIKE) ARISING OUT OF THE USE OF THE SITE, THE CONTENT ON THE SITE, WEB SITES,
AND THE CONTENT THEREIN, LINKED TO THIS SITE, OR THE INABILITY TO USE THE SITE
AND CONTENT CONTAINED THEREIN AND ITS OPERATING SOFTWARE (INCLUDING, BUT NOT
NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE
TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS
ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL
SURVIVE ANY TERMINATION OF THIS AGREEMENT.
10. Indemnification
You agree to indemnify and hold CAPIS, its subsidiaries, affiliates, officers,
agents, licensees, co-branders or other partners, and employees, harmless from
and against any and all claims, damages, costs and expenses, including attorney's
fees, arising from or related to Your use of the Site and/or any content
contained therein.
11. Changes to the Service
CAPIS reserves the right to modify, suspend or discontinue all or any portion
of the Site at any time, with or without notice. Unless stated otherwise,
any new features to the current Site shall be subject to these Terms of Use.
The Site is currently accessible to users without charge, however CAPIS
reserves the right to charge any portion of the Site in the future. These
Terms of Use may be modified by CAPIS at any time. Any such changes will be
posted on the Site. Your continued use of the Site shall be deemed acceptance
of any modifications.
12. Failure to Abide by these Terms
CAPIS may in its sole discretion terminate or suspend Your account and any
current activities at the Site immediately without notice to You if You breach
these Terms of Use or if We are unable to verify or authenticate any information
that You provide to Us. CAPIS reserves the right, in its sole discretion, to
refuse access to any user at any time to those portions of the Site that require
registration. You agree that CAPIS shall not be liable to You or any third party
for any termination of Your access to any Content and/or the Site.
13. Governing Law; Consent to Jurisdiction
You agree that these Terms of Use are governed by the laws of the State of Texas
and that proper and convenient venue lies exclusively with the courts of Dallas
County, Texas. You agree to be subject to the personal jurisdiction of the State
and federal courts sitting in or having jurisdiction over Dallas County, Texas,
U.S.A. in the event that any litigation results concerning any aspect arising out
of these Terms of Use. You agree that the statute of limitations for any claim
against CAPIS shall be brought within one (1) year from when the claim arose, and
any claims not brought within such period of time shall be deemed waived.
14. CAPIS Privacy Policy
On-line research purchase information and certain other information about
You is subject to our Privacy Policy. For more information, please see
our full privacy policy at Privacy
Policy.
15. Product and Service Information
Product and service offers, prices, terms and other information provided herein are
subject to change without notice. You should ascertain the appropriateness of
any product or service as it may pertain to Your intended purpose and needs.
16. Miscellaneous
These Terms of Use constitute the entire agreement between You and CAPIS with
respect to the Site.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND IT, AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CIS WHICH SUPERSEDES
ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
BETWEEN YOU AND CIS RELATING TO YOUR USE OF THE SITE.
If You have any questions or comments about our Terms of Use, You can
contact us.
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